The terminology DER or Designated Employer Representative plays a pivotal role when discussing the complexities of managing drug and alcohol testing programs in an organization. It represents the individual who holds the responsibility for coordinating and overseeing these programs, ensuring compliance with the regulations set by authorities like the Department of Transportation (DOT) or other governing bodies. This post will delve deep into what being a DER entails, the steps to become one, and the intricacies involved in this crucial role.
Who is a DER?
The Designated Employer Representative, commonly abbreviated as DER, is an individual or entity appointed by a company to manage all aspects related to drug and alcohol testing. Their primary duties include:
- Selecting and maintaining relationships with collection sites, laboratories, and Medical Review Officers (MROs).
- Receiving and interpreting test results, and taking appropriate actions.
- Coordinating with external stakeholders like supervisors, employees, and treatment providers.
- Maintaining privacy, confidentiality, and security of the test records.
- Ensuring that the company remains compliant with regulations like DOT drug testing guidelines.
🔑 Note: A DER acts as the linchpin for all communications between employees, testing facilities, and regulatory bodies.
Steps to Becoming a DER
Becoming a DER is not just about understanding the laws and regulations but also about having the organizational skills to manage testing procedures. Here are the steps to become a DER:
1. Understand the Requirements
Before starting, you must familiarize yourself with the various regulations, including the DOT’s regulations if your organization is subject to them. Key elements include understanding:
- The types of testing (pre-employment, random, reasonable suspicion, post-accident, follow-up, and return-to-duty).
- Procedures for collecting, transporting, and analyzing specimens.
- How to handle test results, especially positive results or refusals to test.
2. Training
You need comprehensive training on drug and alcohol testing protocols, which can be provided by:
- Third-party training organizations specializing in workplace compliance.
- DOT-compliant online courses or webinars.
- In-house training sessions from existing DERs or safety officers within the organization.
3. Establish Relationships
A DER must work closely with:
- Collection sites: Ensure they follow the DOT specimen collection protocols.
- Laboratories: Understand the testing processes and how results are communicated.
- MROs: Learn how to handle the medical review process effectively.
4. Set Up Procedures
Create a detailed procedure manual that outlines:
- Testing requirements for each employee category.
- Steps to be taken upon receiving positive, negative dilute, or invalid results.
- Employee rights and appeal processes.
- How to manage employee returns to duty after a positive test or refusal to test.
5. Maintain Compliance
It’s vital to keep abreast with changes in regulations:
- Attend seminars, workshops, or online updates on drug testing laws.
- Use software or systems that alert you to regulatory changes.
- Perform regular audits to ensure your procedures align with current standards.
🔑 Note: Regular compliance training keeps you and your organization up-to-date with evolving regulations.
DER Responsibilities in Depth
Being a DER comes with an array of responsibilities that ensure the smooth operation of your drug and alcohol testing program:
Ensuring Proper Testing
The DER must:
- Set up an efficient testing schedule that accounts for random tests, ensuring they are truly random.
- Organize the collection process so that it adheres to strict chain-of-custody guidelines to prevent specimen tampering.
- Manage the communication with employees before, during, and after testing.
Result Handling and Follow-up
Upon receiving test results:
- Interpret results: Understand the difference between negative, positive, dilute, and invalid results.
- Communicate results to relevant parties, ensuring privacy and confidentiality.
- Manage any appeals or requests for re-testing.
- Coordinate with MROs for confirmation or clarification of results.
Education and Training
Educating your workforce about the drug and alcohol policy, testing procedures, and the role of the DER includes:
- Conducting regular training sessions or refresher courses.
- Providing policy and procedure documentation to new hires.
- Informing employees about the consequences of violations and the support available.
Documentation and Record Keeping
Maintain meticulous records to:
- Provide evidence of compliance during audits or legal proceedings.
- Track testing history for each employee.
- Ensure the security of records to prevent unauthorized access.
đź“ť Note: A DER must understand the importance of documentation as it acts as the backbone of your compliance strategy.
Wrap-Up
In summary, the role of a DER is both critical and complex, requiring a deep understanding of drug and alcohol testing regulations, effective communication skills, and organizational acumen. This role is essential in ensuring that your organization's drug and alcohol testing program runs smoothly, legally, and ethically. By following the steps outlined here, you can become an effective DER, safeguarding your company's reputation and employee well-being.
What is the difference between a DER and an MRO?
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A DER is an employer’s representative responsible for overseeing the testing process. An MRO or Medical Review Officer is a licensed physician who verifies drug test results, determining if there is a legitimate medical explanation for a positive result before reporting it back to the DER.
Can anyone be a DER?
+While there is no strict legal requirement to be a DER, the person appointed needs to understand relevant regulations and have organizational skills to manage testing. Some organizations or industries might require specific qualifications or training.
How often should DER training be updated?
+Regularly, especially when there are changes in drug testing laws or procedures. An annual review or training is a good practice to ensure compliance and keep abreast with any updates.
What happens if a DER fails to comply with regulations?
+Non-compliance can lead to fines, legal action, or sanctions against the company, as well as compromised safety and potential invalidation of testing results.
Can a company have more than one DER?
+Yes, larger organizations often have multiple DERs to manage testing across different locations or departments, ensuring seamless operations and compliance.
